Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-07-08
THE CoKoNER,s FEES.
Action or the Commtttee-Opinfon
or the City Attorney.

The special committee OF the Board
Of Aldermen appointed 10 consider the
ordinance sent them by tho Common
Council met. yesterday evening. An
opinion, which they had asked from
the City Attorney, and an examination
of the facts in the case, induced them
to agree to report adversely to the pro-
posed legislation ; also against the plan
suggested Of paying this officer an an
nual salary.
Some OF the fees Of the Coroner as
now fixed are admittedly high others
are certainly too low, while the aggregate
for about seven years past has been
about 81 $50 per amman.
The City Attorneys opinion is as
follows:
RICHMOND, June 81, 1887.
"7o the Special Committee on Coro-
Rer's Fees
"Gentlemen,-I return with this
opinion the accompanying papers.
Before noticing the validity OF the
proposed ordinance / call your atten-
ton to an oversight of the draughtsman.
1t is provided that the coroner shall
be allowed per diem, but the amount
is not specified. The present ordinance
fixes il at five dollars The omission
should be remedied.
"a coroner is State and not city
officer. His dutiesand powers are pre-
scribed by chapter 1877, V. G. 1873. He
is thereby authorized TO hold inquests !;
to issue summons for juries and wit
nesses; to issue warrants for criminals |;
to reduce to writing evidence taken at
inquests, and return the same TO the
proper court. He is also empowered
to require the attendance at inqussts OF
one or more physicians. To give in
formation and render services. BY
chapter $50, section IA, V. G. 1873, he
is allowed s. for holding an inquest.
BY S. 9 and 10, chapter 1877, V. c. 1878,
the charges of the one or more ply
sicians are to be paid by the county or
corporation.
"lt will be seen from the abovs that
the coroner is not required to render
medical information or services. The
expenses for post-norteHt examinations
are additional ones TO be borne by the
city. and are fixed by the Judge Of the
Hastings Court. The city cannot by
an ordinance prevent its coroner from
summoning medical experts, nor can Il
limit the charges OF such experts.
"The coroner is to decide as to the
necessity for such experts, and the
Judge Of said court alone can determine
as to the compensation. Tho coroner
is not by law required or expected to
render medical services. Hence, un-
less the coroner of his own choice de
termines to render such services, he is
entitled only to his fees a. coroner.
"Tbe law makes no provision for the
payment to the coroner himself OF s
fee for a post-mortcm examination.
The city, however, has the power to
make an agreement with coroner,
possessing proper medical knowledge.
as to what fees he will charge for such
work. The coroner not being entitled
by the State law to fee for such work,
can only become go entitled by an
agreement with the city. The proposed
ordinance is in the nature Of an agree
ment. / am, therefore, Of opinion
81. That the ordinance is valid, il
accepted by the coroner, so far rs it
pertains to the fee to be paid the coro-
ner when the poSt-mortem examination
is made by him.
80. That it is void as to any physi-
clan called in, so far as it attempts to
fix the compensation of such physi-
clan. Veiy truly,
&c. V. MEREDITH,
"City Attorney.